Rogue Restaurant Employers Like Conrad Gallagher Must Be Stopped

Friday 1 July 2011

The Restaurant and Catering Workers Forum, established by SIPTU
and Migrant Rights Centre Ireland (MRCI), is organising a
lunchtime ‘name and shame action’ today outside Conrad Gallagher’s
restaurant, Salon des Saveurs on Aungier St, in support of a worker
who is owed wages by the celebrity chef.

Rishi Mohiputlall, from Mauritius, worked in Mr Gallagher’s well known
restaurant for over a month in 2010, and has still not been paid. Following
numerous attempts to retrieve his wages, Mr Mohiputlall took a case under
the Payment of Wages Act in the Labour Relations Commission. His
complaint was upheld by the Rights Commissioner who required Mr Gallagher
to pay Mr Mohiputlall his wages. Mr Mohiputlall has still not been paid, two
years on.

“I have tried every avenue to get my wages from my former employer,” says
Mr Mohiputlall. “Today I am saying enough is enough, it is wrong to treat a
worker, another human being this way. I did not sign up to work for free, and I
am disgusted by the way that I have been treated by Conrad. I worked hard
for him, all I want is what is owed to me”. Mr Mohiputlall continued, “I also
want to take a stand so that other workers are encouraged to come forward
and report these types of abuses.”

Supporters will join Mr Mohiputlall outside the restaurant today, to show their
solidarity and ask for justice to be done. According to MRCI’s Helen Lowry,
“Understandably, Rishi wants to be paid for the work he was employed to do
in Salon Des Saveurs. As a member of the Restaurant and Catering Workers
Forum he has asked for support to bring his case to public attention in the
hope it will help him secure the money owed to him, but also to highlight such
practices in the restaurant industry”.

Ms Lowry continued: “Restaurant industry representatives are out there trying
to undermine workers’ terms and conditions, when their time would be better
spent calling for minimum decent standards for those who cook and serve the
food. Exploitation in the restaurant industry is a real problem, as highlighted
by NERA and ourselves (See Note below). This is the real issue that needs
urgent attention.”

According to Pat Ward of SIPTU, “this type of non-compliance is shameful,
particularly at a time when the restaurant industry is driving an attack on
minimum wages and basic protections for workers, while lower-wage workers
are struggling to survive. Rishi’s experience shows that, now more than ever,
we must ensure protections remain in place for those who need them most.”
He went on to caution, “the Restaurant Association of Ireland, who has led
recent attacks on workers’ wages and conditions, should spend more of its
time trying to get restaurants to comply with existing labour law rather than cut
workers’ wages”.

The Restaurant and Catering Workers Forum believes that a successful
industry is possible while providing fair and decent conditions for workers.
They will be asking fellow chefs, workers and restaurant owners to join them
at lunchtime today to support their fellow worker in his fight for justice and
their call for fair and decent wages and conditions for restaurant workers.
? Background to the Restaurant and Catering Workers’ Forum.

The Restaurant and Catering Workers Forum was set up earlier this year
by the Hotel Catering Arts Leisure and Entertainment branch of SIPTU,
and the Restaurant Workers Action Group of the Migrant Rights Centre
Ireland. The Forum is committed to working together to protect working
conditions and rates of pay for all restaurant and catering workers. We are
fighting back against the consistent and aggressive attack on workers’
wages by industry bodies such as the Restaurant Association of Ireland,
and to ensure workers voices are heard.

There is a serious issue regarding non-compliance with employment law
within the restaurant sector.

o NERA found breaches of employment law in 73% of catering
businesses in 2008. Compliance rates remained at a problematic
low of 21% in 2009, amongst the lowest in any sector.

o MRCI’s 2008 research based on the results of 115 one-hour
surveys of migrant workers employed in restaurants; 53% earned
less than the minimum hourly wage, 45% worked 9 hrs or more per
day, 85% did not receive extra pay for Sunday work, 84% did not
receive a contract of employment, 44% did not get rest breaks